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Sticky: About This Blog; Disclaimer

December 26, 2015

Thank you for visiting the Pospis Law Blog (the “Blog”). The Blog primarily provides general information regarding developments in the New York law in our primary practice areas of employment discrimination, sexual harassment, and personal injury. In addition to our general website disclaimer, the following apply to the Blog: The Blog is for general informational purposes […]

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Auto-Accident Plaintiff Entitled to Summary Judgment; Evidence Demonstrated That Defendant Went Through Red LIght

February 19, 2017

In Bentick v. Gatchalian, 2017 NY Slip Op 01172 (App. Div. 2d Dept. Feb. 15, 2017), an automobile accident case, the court affirmed the lower court’s decision granting plaintiff summary judgment on the issue of liability. Plaintiff and defendant collided “while the plaintiff was in the process of making a left turn from westbound Hillside Avenue […]

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SDNY Dismisses Sex-Based Hostile Work Environment Claim; Stays Ruling on Title VII Sexual Orientation Discrimination (Stereotyping) Claim Pending Second Circuit Rulings

February 18, 2017

In Lorber v. Jacob Lew, No. 15-cv-9995, 2017 WL 633446 (S.D.N.Y. Feb. 15, 2017) (J. Kimba M. Wood), the court dismissed (for failure to state a claim under Fed. R. Civ. P. 12(b)(6)) plaintiff’s gender-based hostile work environment claim, but stayed its decision on defendant’s motion to dismiss plaintiff’s Title VII sexual orientation discrimination claim (which […]

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Age Discrimination Claims Properly Dismissed; Suspicion of Theft Was a Legitimate, Nondiscriminatory, Non-Pretextual Reason for Termination

February 17, 2017

In Arifi v. Cent. Moving & Storage Co., No. 159334/12, 2017 WL 628321 (N.Y. App. Div. 1st Dept. Feb. 16, 2017), the court affirmed the lower court’s order granting defendant’s motion for summary judgment on plaintiff’s age discrimination claims. From the decision: In moving for summary judgment dismissing plaintiff’s claims for age-based employment discrimination under […]

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Sexual Harassment (Hostile Work Environment) Claim Survives Summary Judgment; Evidence Included Sexual Comments and References to Sexual Acts, Sexual Relationship

February 16, 2017

In Prophete-Camille v. Stericycle, Inc., No. 14-CV-7268(JS)(AKT), 2017 WL 570769 (E.D.N.Y. Feb. 13, 2017), the court denied defendant’s motion for summary judgment on plaintiff’s sexual harassment/hostile work environment claim. With respect to the issue of whether the workplace was sufficiently “hostile”, the court explained: The Court finds that Plaintiff has raised issues of fact on her […]

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Surgeon’s Whistleblower Claim Survives Dismissal

February 15, 2017

In Ruiz v. Lenox Hill Hosp., No. 160377/15, 2017 WL 213802 (N.Y. App. Div. 1st Dept. Jan. 19, 2017), the First Department affirmed (in part) a lower court’s decision addressing plaintiff’s claims under New York’s general and health-care whistleblower laws (N.Y. Labor Law §§ 740 and 741) Here are plaintiff’s allegations, as summarized by the court: […]

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Valentine’s Day and the Workplace

February 14, 2017

Happy Valentine’s Day! While this holiday of (ahem) love may bring back fond memories of grade-school card and candy swapping, it’s important to remember that bringing romance into the workplace – even (or maybe especially) on Valentine’s Day – presents risks, most notably of a sexual harassment/hostile work environment lawsuit. Consider, for example, the case of Pugni […]

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Allegation of “Anti-Female Bias” Insufficient to Overturn State Division of Human Rights Dismissal of Gender Discrimination Claim

February 13, 2017

In In the Matter of Shannon Scheuneman v. NYS Div. of Human Rights and Town of Tonawanda, No. TP 16-00820, 2017 WL 539266 (N.Y. App. Div. 4th Dept. Feb. 10, 2017), the Appellate Division unanimously confirmed, under N.Y. Executive Law § 298, a determination by the New York State Division of Human Rights that the […]

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Disability Discrimination Claims Revived; Fact Issues as to Whether Employer Shiuod Have Known of Disabling Anxiety Condition

February 12, 2017

In Chernov v. Securities Training Corp., 2017 NY Slip Op 00126 (App. Div. 1st Dept. Jan. 10, 2017), an employment (disability) discrimination case, the Appellate Division, First Department unanimously reversed a lower court’s order granting defendant’s motion for summary judgment dismissing plaintiff’s complaint. From the decision & order: Viewing the evidence in the light most favorable to […]

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Sexual Harassment Lawsuit Against Olive Garden

February 11, 2017

In a recently-filed lawsuit, Baker v. Olive Garden et al., EDNY 17-cv-00392 (filed 1/25/17), plaintiff (an Olive Garden waitress) alleges, inter alia, that she was subjected to sexual harassment – including sexual comments and touching – by her manager.

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Court Dismisses Retaliation Claim; Termination Closely Followed Plaintiff’s Involvement in Altercation at Work

February 10, 2017

In Ciulla-Noto v. Xerox Corp., No. 16-CV-6362-FPG, 2017 WL 491688 (W.D.N.Y. Feb. 7, 2017), the court dismissed plaintiff’s retaliation claim under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim. In sum, plaintiff filed an EEOC charge alleging disability and gender discrimination. About a year later, plaintiff was involved in an altercation with […]

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